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To Be or Not to Be, What is a Sudden Emergency? – Court of Appeals Expounds on the Criteria Required to Establish the Doctrine

Motor Vehicle Litigation / March 6, 2023

This case indicates that to overcome the presumption of negligence built into the rear-end collision statute by way of the sudden emergency doctrine, the driver of the vehicle must establish that the peril was not in clear view for any significant length of time and that such peril was not brought upon by the driver’s own negligence.

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